Immigration and Customs Enforcement, the same agency that does not know if they will be arresting Nicky Diaz, has decided not to release their report on why Carlos Martinelly-Montano was released twice from immigration custody despite his deportability and lack of relief from removal.
The Obama administration will not release the results of an investigation into why an illegal immigrant with two drunk driving convictions went almost two years without a deportation hearing before a crash that killed a Virginia nun, a senior official said.
Carlos Martinelly-Montano, 23, who entered the country illegally from Bolivia as a child, is accused of killing Sister Denise Mosier, 66, and injuring two other Benedictine nuns while driving drunk in Prince William County on Aug. 1.
The furor over the way Martinelly-Montano's case was handled by Immigration and Customs Enforcement prompted the agency's boss, Department of Homeland Security Secretary Janet Napolitano, to announce an investigation.
"Why is it that this individual was driving?" Napolitano asked at a news conference Aug. 2, one day after the accident on Bristow Road. "He was in the removal process. Why did the removal process take so long?"
The inquiry is complete, but Homeland Security does not plan to make the results public, according to the senior official, who spoke on condition of anonymity because he was not authorized to speak about the matter.
"It's a document that includes law enforcement sensitivities, so it will not be made public," the official said. He declined to discuss the nature of those sensitivities.
In response to questions about the investigation's conclusions, DHS spokesman Matt Chandler issued an e-mailed statement that said:
"The Secretary's Office has received the review of the circumstances by which the individual was released in 2008 and are in the process of looking over the findings. Due to the ongoing criminal matter at hand, it would be inappropriate to comment further."
Their refusal to release the report is illegal. The Freedom of Information Act (FOIA) requires that the report be released upon request. FOIA has exceptions for ongoing criminal investigations, but the investigation into Martinelly-Montano has been completed and is under the jurisdiction of Prince William County, not DHS or ICE. So, legally, they haven't a leg to stand on to refuse a FOIA request.
They have the authority to redact any law enforcement sensitive information, but there must be something egregious in the report. I suspect that there is something in the record explicitly stating that ICE is refusing to deport persons such as Martinelly-Montano. Perhaps a statement in the record from a Deportation Officer to the effect that he is a low priority and that he had to be released because of a shortage of bed spaces for aliens. Or that he would possibly qualify for the DREAM Act and ICE wasn't deporting young people like Jessica Colotl and Carlos Martinelly-Montano any more. Or perhaps they were no longer going after misdemeanants or minor criminals any more, just like Celso Campo-Duartes. Most likely the later, though one cannot rule out the former. What is most likely is that there is something in writing that the Obama Regime and Janet Reno Napolitano don't want you to know. Especially since they are bragging about deporting criminals.
The bigger question is why is ICE conducting he review of this incident? Why isn't the Department of Homeland Security Office of Inspector General investigating? The Inspector General Act of 1978, as amended, was passed to ensure that cabinet departments and independent agencies are investigated by an independent authority, not by the department or agency themselves. Clearly the cover-up is in process.